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Res 2011-060
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Res 2011-060
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Last modified
9/28/2011 4:16:44 PM
Creation date
6/2/2011 1:14:37 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-60
Date
5/17/2011
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F. That, as of the Modification Effective Date, notwithstanding any other provision of <br />the Loan Documents, if all or any part of the Property or any interest in it is sold or <br />transferred without Lender's prior written consent, Lender may, at its option, require <br />immediate payment in full of all sums secured by the Loan Documents. Lender shall <br />not exercise this option if state or federal law, rules or regulations prohibit the <br />exercise of such option as of the date of such sale or transfer. If Lender exercises this <br />option, Lender shall give me notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which I <br />must pay all sums secured by the Loan Documents. If I fail to pay these sums prior to <br />the expiration of this period, Lender may invoke any remedies permitted by the Loan <br />Documents without further notice or demand on me. <br />G. That, as of the Modification Effective Date, I understand that the Lender will only <br />allow the transfer and assumption of the Loan with its express written consent. A <br />buyer or transferee of the Property will not be permitted, under any other <br />circumstance, to assume the Loan. Except as noted herein, this Agreement may not <br />be assigned to, or assumed by, a buyer or transferee of the Property. <br />H. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or <br />similar title insurance product(s), and/or subordination agreement(s) that are <br />necessary or required by the Lender's procedures and that if, under any circumstance <br />and not withstanding anything else to the contrary in this Agreement, the Lender does <br />not receive such title endorsement(s), title insurance product(s) and/or subordination <br />agreement(s), then the terms of this Agreement will not become effective on the <br />Modification Effective Date and the Agreement will be null and void. <br />I. That I will execute such other documents as may be reasonably necessary to either (i) <br />consummate the terms and conditions of this Agreement; or (ii) correct the terms and <br />conditions of this Agreement if an error is detected after execution of this Agreement. <br />I understand that either a corrected Agreement or a letter agreement containing the <br />correction will be provided to me for my signature. At Lender's option, this <br />Agreement will be void and of no legal effect upon notice of such error. If I elect not <br />to sign any such corrective documentation, the terms of the original Loan Documents <br />shall continue in full force and effect, such terms will not be modified by this <br />Agreement, and I will not be eligible for a loan modification for the City of San <br />Marcos Revolving Loan Fund Program. <br />J. That Lender will collect and record personal information, including, but not limited <br />to, my name, address, telephone number, social security number, credit score, <br />income, payment history, government monitoring information, and information about <br />account balances and activity. In addition, I understand and consent to the disclosure <br />of my personal information and this Agreement by Lender to any HUD official. <br />
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